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(영문) 부산지방법원 2019.01.17 2018구합22495
압류해제거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 30, 2002, the Plaintiff purchased from Nam-gu, Busan, a cement structure, cement structure, 27.27 square meters of low-rise housing (hereinafter “instant building”) from Busan, Nam-gu, and completed the registration of ownership transfer on April 2, 2002.

B. The Defendant: (a) imposed an indemnity of KRW 4,520,200 for the period of possession from January 1, 2005 to December 31, 2007 (payment period of January 6, 2009) on the Plaintiff on the ground that the Plaintiff occupied 115 square meters, among 214 square meters in Nam-gu Busan Metropolitan City D, which is owned by the Republic of Korea, as a housing site; and (b) imposed an indemnity of KRW 1,721,540 for the period of possession from January 1, 208 to December 31, 208 (payment period of KRW 209, March 12, 2009; and (c) imposed an indemnity of KRW 1,721,540 for the period of possession (hereinafter “instant indemnity”).

C. On May 14, 2010, the Defendant seized the instant building as Busan District Court’s receipt of the Southern Branch Branch of the Dongsan Branch of the Busan District Court No. 26171 on the ground that the instant damages were delinquent.

On December 11, 2017, the Defendant seized the indemnity amounting to KRW 3,392,00, and KRW 1,291,860, and KRW 309,780, the indemnity amounting to KRW 314,720 (as of August 17, 2017, due date for payment), and KRW 314,720 (as of November 16, 2017, the Defendant’s joint registry office received the indemnity amounting to KRW 17487, which was owned by the Plaintiff.

E. The Plaintiff paid KRW 309,780 and KRW 314,720 to the Defendant on June 11, 2018 on the ground that the instant indemnity expired by prescription.

Although the Defendant applied for the cancellation of attachment indicated in the port, on June 19, 2018, the Defendant rendered the instant disposition rejecting the application for cancellation of attachment on the ground that the extinctive prescription has been suspended against the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 27 of the Framework Act on National Taxes concerning the indemnity and late payment charge of the Plaintiff’s assertion.

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